This case has been cited 2 times or more.
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2014-01-20 |
VELASCO JR., J. |
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| Clearly then under said Sec. 19, Rule 70, a judgment on a forcible entry and detainer action is made immediately executory to avoid further injustice to a lawful possessor. The defendant in such a case may have such judgment stayed only by (a) perfecting an appeal; (b) filing a supersedeas bond; and (c) making a periodic deposit of the rental or reasonable compensation for the use and occupancy of the property during the pendency of the appeal.[9] The failure of the defendant to comply with any of these conditions is a ground for the outright execution of the judgment, the duty of the court in this respect being ministerial and imperative. Hence, if the defendant-appellant has perfected the appeal but failed to file a supersedeas bond, the immediate execution of the judgment would automatically follow. Conversely, the filing of a supersedeas bond will not stay the execution of the judgment if the appeal is not perfected. Necessarily then, the supersedeas bond should be filed within the period for the perfection of the appeal.[10] | |||||
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2005-12-02 |
QUISUMBING, J. |
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| Under Section 19,[10] Rule 70 of the Revised Rules on Civil Procedure, a judgment on a forcible entry and detainer action is immediately executory to avoid further injustice to a lawful possessor, and the court's duty to order the execution is practically ministerial.[11] The defendant may stay it only by (a) perfecting an appeal; (b) filing a supersedeas bond; and (c) making a periodic deposit of the rental or reasonable compensation for the use and occupancy of the property during the pendency of the appeal.[12] Once the Regional Trial Court decides on the appeal, such decision is immediately executory under Section 21,[13] Rule 70, without prejudice to an appeal, via a petition for review, before the Court of Appeals or Supreme Court.[14] | |||||